NOTICE AND DEMAND TO CEASE AND DESIST

Transcription

1 TO: FROM: DATE: RE: Temporary State Permit Issuing Authority! (As identified in the attached Schedule A) Connecticut Carry, Inc? April 11, 2012 STATE CRIMINAL HISTORY RECORDS CHECKS NOTICE AND DEMAND TO CEASE AND DESIST Connecticut Carry, Inc. hereby demands that you, in your capacity as a temporary state permit issuing authority (hereinafter, "local issuing authority"), cease and desist from compelling any applicant for a temporary state permit to submit with the application a $50.00 fee paid to the State of ConnecticutlDepartment of Emergency Services and Public Protection for a criminal history records check. Notice is provided herein that a local issuing authority compelling an applicant to submit a $50.00 fee paid to the State of ConnecticutlDepartment of Emergency Services and Public Protection for a criminal history records check as a condition of making application for a temporary state permit is subject to joinder in an action to be filed by and on behalf of (1) any temporary state permit applicant who has been required by a local issuing authority since October 1, 2009, to submit the $50.00 fee for a state criminal history records check as a condition for obtaining a state permit and (2) any individual who has been deprived of a temporary state permit based on the unlawful imposition of a $50.00 fee for a state criminal history records check as a condition for Obtaining a temporary state permit. In support, Connecticut Carry, Inc. asserts: VIOLATION In conducting an investigation upon receipt of a "Pistol Permit Application" (Form DPS-799- C), the local issuing authority forwards an applicant's fingerprints or other positive identifying information to the Department of Emergency Services and Public Protection (DESPP) (formerly, the "Department of Public Safety") (hereinafter, "DESPP") requesting the results of a state criminal history records check. Conn. Gen. Stat (b); Effective October 1, 2009, the DESPP amended its "Pistol Permit Application" (Form DPS- 799-C) to require that applicants submit a $50.00 fee to the issuing authority paid to the DESPP for the state criminal history records check; 1 See General Statutes 29-28(b): "Upon the application of any person having a bona fide residence or place of business within the jurisdiction of any such authority, such chief of police, warden or selectman may issue a temporary state permit to such person to carry a pistol or revolver within the state, provided such authority shall find that such applicant intends to make no use of any pistol or revolver which such applicant may be permitted to carry under such permit other than a lawful use and that such person is a suitable person to receive such permit." 2 A Connecticut corporation, Page 1 of3

2 Prior to October 1,2009, the DESPP did not require that an applicant submit a fee with the "Pistol Permit Application" (Form DPS-799-C) for the state criminal history records check; Prior to October 1,2009, the DESPP required that an applicant submit two fees to the issuing authority; the first fee paid to the local issuing authority for costs related to the processing of the application, and the second fee paid to the DESPP for payment to the Federal Bureau of Investigation (FBI) for the national criminal history records check; Effective October 1, 2009, the DESPP required that an applicant submit three fees to the issuing authority; the first fee paid to the local issuing authority for costs related to the processing of the application, the second fee paid to the DESPP for the state criminal history records check, and the third fee paid to the DESPP for payment to the FBI for the national criminal history records check; General Statutes (c) waives the DESPP fee for a state criminal history records check when a state criminal history records check is requested by a federal, state, or local municipality; The amendment to the "Pistol Permit Application" (Form DPS-799-C) effective October 1, 2009, which added the requirement that an applicant for a temporary state permit submit with the application a $50.00 fee paid to the DESPP for a criminal history records check, was not authorized by the Connecticut General Assembly or other lawful authority; Since October 1, 2009, the DESPP has made use of local issuing authorities to collect, unlawfully, the $50.00 fee in excess of one-half million dollars for obtaining state criminal history records checks when the local issuing authorities, as a matter of law, are entitled to request and receive state criminal history records check at no cost. Conn. Gen. Stat. 29- II(c); The position of the DESPP, as stated in an April 30, 2010, Response to a Petition submitted by Scott Wilson, President of the Connecticut Citizens Defense League (CCDL),3 for a Declaratory Ruling, places responsibility and therefore the legal liability for the unlawfully collected $50.00 fee upon the local issuing authority; Former DESPP Commissioner John A. Danaher III, currently a Judge of the Superior Court, declined to take any position concerning the $50.00 fee in his April 30, 2010, Response, stating: "Because the issuance of temporary state permits to carry pistols or revolvers is not the responsibility of the Department but rather that of the local issuing authorities, see Conn. 3 A Connecticut corporation, Page 2 of3

3 Gen. Stat and 29-28a, the Department declines to address the obligation of local issuing authorities." See attached Response of the Department of Public Safety, dated April 30,2010, at 1; The collection of the $50.00 fee by a local issuing authority, unilaterally and/or as an agent for the DESPP, when by law the local issuing authority requests and receives a criminal history records check at no cost, imposes a taxation without representation upon individuals submitting applications for temporary state permits; and The collection of the $50.00 fee by a local issuing authority, unilaterally and/or as an agent for the DESPP, when by law the local issuing authority requests and receives a criminal history records check at no cost, infringes upon the state and federal constitutional rights of individuals eligible to carry a pistol or revolver in the state without due process of law. DEMAND TO CEASE AND DESIST Accordingly, formal DEMAND is hereby made of you and all of your associates, accomplices, and accessories of whatever description, to CEASE and DESIST immediately from requiring any applicant for a temporary state permit to submit with the application a $50.00 fee paid to the State of Connecticut/Department of Emergency Services and Public Protection for a criminal history records check. NOTICE OF INTENT4 This is our formal NOTICE to you of our intent to lodge a COMPLAINT specifically naming you as a principal in a conspiracy to engage in a pattern of activities in connection with the unlawful collection of a $50.00 fee from applicants for temporary state permits thus imposing an unlawful tax upon the right to bear arms in Connecticut and infringing upon state and federal constitutional rights of individuals eligible to carry a pistol or revolver in the state without due process oflaw. CONNECTICUT CARRY, INC. BY: ~m.~ Rachel M. Baird (Juris #407222) 379 Prospect Street Torrington CT Tel: Its Attorney 4 Notice to agents is notice to principals and notice to principals is notice to agents. Page 3 of3

4 STATE OF CONNECTICUT DEP A...l{.1MENT OF PUBLIC SAFETY 1111 Country Club Road Middletown, CT 06457~2389 IN RE: PETITION FOR DECLARATORY RUliNGS BY AN ADMINISTRATIVE AGENCY DIRECTED TO: Commissioner of Public Safety, John A. Da~aher III, and Board of Firearms Permit Examiners, Joseph Corradino PETiTiONER: DATE: Scott Wilson, Sr., 8 Summer St-reet, New London, CT April 30, 2010 RESPONSE OF THE DEPARTMENT'OF PUBLIC SAFETY Pursuant to the provisions of Conn. Gen. Stat (e}, the Department of Public Safety (hereinafter "Department") hereby responds to the Petitioners Request for a Dec!aratory Ruling on the following question posed by the Petitioner in his Petition: "Maya permit be denied or not accepted by an issuing authority if an application for a Temporary State Permit to Carry Pistols and [sic] Revoivers or Eligibility Certifjcate l [sic] fails to contain the currently stated $50.00 to cover the issuing authorities [sic] submission Of a State Criminal History background check on an applicant?" Summary Becaus~ the issuance of temporary state permits to carry pistols or revolvers is not the responsibihty of the Department but rather that of local issuing authorities, see Conn. Gen. Stat and 29-28a, the Department declines to address the obiigations of loca! issulng authorities, With regard to applications for eligibility certificates pursuant to Conn. Gen. Stat g, t!1e plain language of the relevant statutes mandates that the requ!red state crimina! history records checks are to be conducted on behalf of the applicant by the State Police Bureau of Identificatior. '(hereinafter "SPBI"). Therefore; it is determined that an application submltte!i without the statutory $50,00 fee fer the state criminal history record check would be incomplete and could not be processed untii sojch time as the Department received the required fee. Page lof4 An Equal Opportunity Employer

5 Discussion The foilowing review of pertinent statutes follows traditional principles of statutory construction. First, it is criticai to make every effort to construe a statute as a consistent whole, creating a harmonious body of law. Powers v. U!ichny, 185 Conn. 145, 149 (1981); Rustici v. Stonington, 174 Conn. 10, 13, 381 A.2d 532 (1977). "!t is a basic tenet of statutory construc~ion that the intent of the legislature is to be found not in an isola~ed phrase or sentence but, rather, from the statutory scheme as a whole." State v. Breton. 235 Conn. 206, 226, 663 A.2d 1026 (1995). Therefore, a "statute should be read as a whole and interpreted so as to give effect to ali of its provisions." Pintavalle v. Va!kar.os. 215 Conn. 412, 418,581 A.2d 1050 (1990) (emphasis added). "A statute is passed as a whole and not in parts or sections and is animated by one genera! purpose and intent." Badolato v. City of New Britain, 250 Conn. 753, 760 (1999)(citation omitted). Further, "words in a statute must be given their plain and ordinary meaning... unless the context indicates that a different meaning was intended." (Internal quotation marks omitted.) Geiinas v. West Hartford, ns Conn. 575, 584, 626 A.2d 259 (1993); Wiseman v. Armstrong, 269 Conn. 802, 81C (2004). Conn. Gen. Stat g(a}~ sets forth the requirements for applications for eligibiiity certificates, enumerating with specificity the obligations of both the applicant and the commissioner of Public Safety. Among the requirements ofthis subsection, "[tjhe commissioner shall require each applicant to submit to state and national criminal history records checks/' and "shall conduct crimin3l history records checks in accordance with section 29-17a." Thus, 29-36g(a) cleariy and unambiguously provides that the criminal history record checks to which an applicant must submit are governed by Conn. Gen. Stat a. Conn. Gen. Stat a sets forth the procedures for the conducting of criminal history records checks that are required. by statute. Subsection (a) 2 directs that the fingerprints of the individual identified in the request are to be fonyarded to SPBI {which is a unit within the Department], and that SPBI conduct the state criminal history records check. Subsection (b)3 explicitly authorizes the 1 Conn. Gen. Stat g(aj: Requests for eligibility certificates under section 29-36f shall be submitted to the Commissioner of Public Safety on application forms prescribed by the commissioner. No eligibility certificate fo~ a pistol or revolver shall be issued under the provisions of said section unless the applicant for such certlficate gives to the Commissioner of Public Safety, upon the commissioner's request, full :nformation ccncerning the applicant's criminal record... The commissioner shall require each applicant to submit to state and nationai crimina! history records checks... The commissioner shall record the date the fingerprints were taken in the applicant's file and shall conduct criminal history records checks in accordance with section Conn. Gen. Stat a(a): If a crimina! history records check is required pursuant to any provision of the genera! statutes, such check shall be requested from the State Ponce Bureau of Identification and shah be applicable to the individual identified in the request. The requesting party shah arrange for the fingerprinting of the individual or for conducting any other method of positive identification requ:red by the State Police Bureau of Identification... The fingerprints 0, other positive identifying information shall be forwardec to the State Police Bureau of Identfication which shall conduct a state criminal history records check... 3 Conn. Gen. Stat a(b): The Commissioner of Public Safety may charge fees for conducting crimina! history background checks as follows: (1) Except as provided in subdivision (2) of this subsection, for a person iequesting (A) a state crimina! history records check, the fee charged by the Department of PubHc Safety for performing such check, anc (8) a national Page 2 of4

6 commissioner to collect lithe fee charged by the Department of Public Safety for performing such check./i That fee is set at $50.00 by Conn. Gen. Stat (c)(7). Nowhere in this statutory scheme is there any indication that the legislature intended for applicants for eligibiiity certificates to be treated differently than any other individual required to obtain a criminal history records check. To the contrary, Conn. Gen. Stat g specificai!y instructs that the crimina: history records checks for such applicants must be conducted in accordance with the verr statute that authorizes the commissioner to charge fees for statutorily required criminal history records checks. Any suggestion that apphcants are not subject to the statutory fee because Conn. Gen. Stat g indicates that the applicant must submit "to" a crimina! history records check, while the request itself is submitted "by" the issuing authority, would result in the absurd conclusion that the statute requires the Department to submit requests to itself and presumably charge itself the statutory fee. Such a linguistic contortion ignores the plain language of the statutes. Like any other individual who obtains a copy of a state criminal history record, applicants for eligibility certificates are subject to the $50.00 fee provided in Conn. Gen. Stat. 29-1l(c)(7}, and failure to pay the fee would constitute a failure to submit to a criminal history records check as required by Conn. Gen. Stat g(a}. In such a case, the application would be deemed incomplete and could not be processed. Dated this 30 th day of April, criminal history records check, the fee charged by the Federa! Bureau of Investigation for performing such check. {2} For a state agency requesting a national criminal history records check of a person, the fee charged by the Federal Bureau of Investigation for performing such check. The state agency shall reimburse the Department of Publk Safety for such cost. Unless otherwise provided by the provision of the general statutes reql.liring the criminal history records check, the state agency may charge the person a fee equal to the amount paid by the state agency under this subdivision. Page 30f4

7 CERTIFICATION! hereby certify that in accordance with C.G.S {fl, a copy of the foregoing was mailed this 30 th day of April, 2010 via certified mail, return receipt requested to: Scott Wilson, Sr. 8 Summer Street New London, CT Joseph Corradino, Chairman Board of Firearms Permit Examiners 505 Hudson Street, 5 th Floor Hartford, CT John A.!Danaher Hi, Commissioner \.!.,... "... ~ Page4of4

8 SCHEDULE A Ansonia Police Department Canton Police Department East Hartford Police Department 2 Elm St 45 River Rd (Rte 179) 31 School St Ansonia CT Canton CT East Hartford CT A von Police Department Cheshire Police Department East Haven Police Department 60 WMain St 500 Highland Ave 471 North High St Avon CT Cheshire CT East Haven CT Berlin Police Department Clinton Police Department East Windsor Police Department 240 Kensington Rd 170 E Main St 25 School St Kensington CT Clinton CT East Windsor CT Bethel Police Department Coventry Police Department Easton Police Department 49 Plumtress Rd 1712 Main St P.O. Box 7 Bethel CT Coventry CT Easton CT Bloomfield Police Department Cromwell Police Department Enfield Police Department 785 Park Ave 5 West St 293 Elm St Bloomfield CT Cromwell CT Enfield CT Branford Police Department Danbury Police Department Fairfield Police Department 33 Laurel St 120 Main St 100 ReefRd Branford CT Danbury CT Fairfield CT Bridgeport Police Department Darien Police Department Farmington Police Department 300 Congress St P.O. Box 148 Hecker Ave 319 New Britain Ave Bridgeport CT Darien CT Unionville CT Bristol Police Department Derby Police Department New Canaan Police Department 131 North Main St 125 Water St 174 South Ave Bristol CT Derby CT New Canaan CT Brookfield Police Department Madison Police Department Granby Police Department 63 Silvermine Rd 9 Campus Dr 15 North Granby Rd Brookfield CT Madison CT Granby CT

9 SCHEDULE A Glastonbury Police Department East Hampton Police Department Greenwich Police Department P.O. Box E High St 11 Bruce Place Glastonbury CT East Hampton CT Greenwich CT Groton City Police Department Middlebury Police Department New Milford Police Department 295 Meridian St P.O. Box 440 Box 419 Groton CT Middlebury CT New Milford CT Groton Long Point Police Dept Middletown Police Department Newington Police Department 3 Atlantic Ave (rear) 222 Main St 131 Cedar St Groton CT Middletown CT Newington CT Groton Town Police Department Milford Police Department Newtown Police Department 68 Groton Long Point Rd 430 Boston Post Rd 3 Main St Groton Town CT Milford CT Newtown CT Guilford Police Department Monroe Police Department North Branford Police Department 400 Church St 7 Fan Hill Rd P.O. Box 287 Guilford CT Monroe CT North Branford CT Hamden Police Department Naugatuck Police Department North Haven Police Department 2900 Dixwell Ave 211 Spring St 8 Linsley St Hamden CT Naugatuck CT North Haven CT Hartford Police Department New Britain Police Department Norwalk Police Department 50 Jennings Rd 125 Columbus Blvd One Monroe St Hartford CT New Britain CT Norwalk CT Norwich Police Department Ridgefield Police Department Stonington Police Department 70 Thames St 76 East Ridge Rd 173 South Broad St Norwich CT Ridgefield CT Pawcatuck CT Old Saybrook Police Department Rocky Hill Police Department Orange Police Department 225 Main St 699 Old Main St P.O. Box 617 Old Saybrook CT Rocky Hill CT Orange CT

10 SCHEDULE A Manchester Police Department New Haven Police Department Plainfield Police Department P.O Box 191 One Union Ave 210 Norwich Rd Manchester CT New Haven CT Plainfield CT Meriden Police Department New London Police Department Plainville Police Department 50 West Main St 5 Governor Winthrop Blvd 19 Neal Ct Meriden CT New London CT Plainville CT Plymouth Police Department Westport Police Department Seymour Police Department P.O. Box Jesup Rd 11 Franklin St Terryville CT Westport CT Seymour CT Portland Police Department Wethersfield Police Department Thomaston Police Department 265 Main St 250 Silas Deane Hwy 158 Main St Portland CT Wethersfield CT Thomaston CT Putnam Police Department Willimantic Police Department Torrington Police Department 189 Church St P.O. Box Main St Putnam CT Willimantic CT Torrington CT Redding Police Department South Windsor Police Department Trumbull Police Department 96 Hill Rd 151 Sand Hill Rd 158 Edison Rd Redding CT South Windsor CT Trumbull CT Vernon Police Department Shelton Police Department West Haven Police Department 725 Hartford Tnpk 85 Wheeler St 200 Saw Mill Rd Vernon CT Shelton CT West Haven CT Wallingford Police Department Southington Police Department Weston Police Department 135 North Main St 69 Lazy Ln P.O. Box 1182 Wallingford CT Southington CT Weston CT Waterbury Police Department Stamford Police Department Wilton Police Department 255 East Main St 805 Bedford St 240 Danbury Rd Waterbury CT Stamford CT Wilton CT

11 Chief of Police West Hartford Police Department 103 Raymond Rd West Hartford CT Chief of Police Watertown Police Department 195 French St Watertown CT Chief of Police Waterford Police Department 41 AveryLn Waterford CT Chief of Police Wolcott Police Department 225 Nichols Rd Wolcott CT Chief of Police Woodbridge Police Department Meeting House Ln Woodbridge CT Mayor Ledyard Town Hall 741 Colonel Ledyard Highway Ledvard CT Mayor Montville Town Hall 310 Norwich New London Tpkee Uncasville CT Mayor Prospect Town Hall 36 CenterSt Prospect CT Mayor Windham Town Hall 979 MainSt Willimantic CT SCHEDULE A Chief of Police Simsbury Police Department P.O. Box 495 Simsbury CT Chief of Police Stratford Police Department 900 Longbrook Ave Stratford CT Chief of Police Suffield Police Department 911 Mountain Rd Suffield CT Warren Town Hall 50 Cemetery Rd Warren CT Bryan Memorial Town Hall PO Box 383 Washington Depot CT Mulvey Municipal Center 866 Boston Post Rd Westbrook CT Willington Town Hall 40 Old Farms Rd Willington CT Woodbury Town Hall PO Box 369 Woodbury CT Woodstock Town Office Building 415 Route 169 Woodstock CT Chief of Police Winchester Police Department 339 Main St Winsted CT Chief of Police Windsor Locks Police Department 4 Volunteer Dr Windsor Locks CT Chief of Police Windsor Police Department 340 Bloomfield Ave Windsor CT North Stonington Town Hall 40 MainSt North Stonington CT Old Lyme Town Hall 52 LymeSt Old Lvme CT Oxford Town Hall 486 Oxford Rd Oxford CT Pomfret Town Hall 5 HavenRd Pomfret Center CT Preston Town Hall 389 Route 2 Preston CT Roxbury Town Hall PO Box 203 Roxburv CT

12 SCHEDULE A Sterling Town Hall Mallory Town Hall Salem Town Hall PO Box 157 PO Box Forest Dr Oneco CT Sherman CT Salem CT Thompson Town Hall Somers Town Hall Salisbury Town Hall PO Box 899 PO Box 308 PO Box 548 N Grosvenordale CT Somers CT Salisbury CT Tolland Town Hall Southbury Town Hall Scotland Town Hall 21 Tolland Green 501 MainSt PO Box 288 Tolland CT Southbury CT Scotland CT Union Town Hall Sprague Town Hall Sharon Town Hall 1024 Buckley Highway POBox 677 PO Box 385 Union CT Baltic CT Sharon CT Andover Town Office Building Burlington Town Hall Durhan Town Hall 17 School Rd 200 Spielman Highway 30 Town House Rd Andover CT Burlington CT Durham CT Ashford Town Office Building Canaan Town Hall Eastford Town Hall 5 Town Hall Rd PO Box 47 PO Box 98 Ashford CT Falls Village CT Eastford CT Barkhamsted Town Building Canterbury Town Hall East Granby Town Hall 18 Pine Mountain Circle 1 Municipal Dr 9 CenterSt Barkhamsted CT Canterbury CT East Granbv CT Beacon Falls Town Hall Chaplin Town Hall East Haddam Town Building 10 Maple Ave PO Box 286 PO Box K Beacon Falls CT Chaplin CT East Haddam CT Bethany Town Hall Chester Town Hall East Lyme Town Hall 40PeckRd 203 Middlesex Ave PO Box 519 Bethany CT Chester CT Niantic CT

13 Bethlehem Town Hall POBox 160 Bethlehem CT Bolton Town Hall 222 Bolton Center Rd Bolton CT Bozrah Town Hall 1 RiverRd Bozrah CT Bridgewater Town Hall 44 Main Street South Bridgewater CT Brooklyn Town Hall PO Box 356 Brooklyn CT Haddam Town Office Building 30 Field Park Dr Haddam CT Hampton Town Hall PO Box 143 Hampton CT Hartland Town Hall 22 South Rd East Hartland CT Harwinton Town Hall 100 Bentley Dr Harwinton CT SCHEDULE A Town of Colchester 127 Norwich Ave Colchester CT Colebrook Town Hall PO Box 5 Colebrook CT Columbia Town Hall 323 Jonathan Trumbull Hwy Columbia CT Cornwall Town Office Building 26 Pine St Cornwall CT Deep River Town Hall 174 MainSt Deep River CT Litchfield Town Office Building 74 West St Litchfield CT Lyme Town Hall 480 Hamburg Rd Lvme CT Town Manager Mansfield Town Manager 4 S Eagleville Rd Storrs Mansfield CT Marlborough Town Hall PO Box 29 Marlborough CT Ellington Town Hall PO Box 187 Ellington CT Essex Town Hall 29 West Ave Essex CT R.F.D.1 7 Meeting House Hill Rd North Franklin CT Goshen Town Office Building 42 NorthSt Goshen CT Griswold Town Hall 28 MainSt Tewett City CT Voluntown Town Hall POBox 96 Voluntown CT Voluntown Town Hall PO Box 96 Voluntown CT Stafford Town Hall 1 MainSt Stafford Springs CT Norfolk Town Hall PO Box 123 Norfolk CT

14 SCHEDULE A Hebron Town Manager Town of Hebron 15 Gilead St Hebron CT Kent Town Hall POBox 678 Kent CT Killingly Town Manager Town of Killingly PO Box 6000 Danielson CT Killingworth Town Building 323 Route 81 Killingworth CT Lebanon Town Hall 579 Exeter Rd Lebanon CT Town Administration Building 393 Jackson Hill Rd Middlefield CT Morris Community Hall POBox 66 Morris CT New Fairfield Town Hall 4 Brush Hill Rd New Fairfield CT New Hartford Town Hall PO Box 316 New Hartford CT North Canaan Town Hall PO Box 876 Canaan CT Lisbon Town Hall 2 NewentRd Lisbon CT

15 Agency Legislative Proposal Session Document Name (e.g. OPM1015Budget.doc; OTG1015Policy.doc): DESP.doc (If submitting an electronically, please label with date, agency, and title of proposal _SDE_TechRevisions) State Agency: Department of Emergency Services and Public Protection Liaison: Steve Spellman Phone: steven.spellman@ct.gov Lead agency division requesting this proposal: DESPP State Police Bureau of Identification Agency Analyst/Drafter of Proposal: Steven Spellman Title of Proposal AAC Fees Charged for Criminal History Background Checks Statutory Reference and 29-17a Proposal Summary This statutory change would create a new and appropriate revenue stream by charging for individuals in the private sector that currently do not pay any state fees for criminal history background checks performed by the agency s State Police Bureau of Investigation a- would set up a separate non lapsing account for fees collected pursuant to and 29-17a. All money deposited into the account would be used for enhancements and improvements to the DESPP Special Licensing and Firearms Unit. Other changes will delete unnecessary and misleading language from the fee structure for criminal history background checks. The section will also provide a reduced fee for copies of fingerprints, but only for those requested at time of initial fingerprinting. PROPOSAL BACKGROUND Reason for Proposal Please attach a copy of fully drafted bill (required for review)

16 Under existing law all criminal history background checks coming from other agencies are not subject to any state fees. (Only the federal FBI fee is charged) While this is appropriate for purposes of background checks on individuals that the agency in question is considering for employment, the fee is also not in place for all of the individuals who are licensed by the agencies but employed in the private sector, such as school bus drivers. The agency s State Police Bureau of Identification has been overwhelmed with the huge numbers of individuals for whom criminal history background checks for non criminal justice purposes are now required by statute. There is a backlog of more than 3 months. Charging the private sector for these criminal history background checks will create a revenue stream that will allow for better staffing and equipment for the unit, and it will then be able to better carry out its functions. CGS 29-11(c) indicates a $36 fee for a name search. The agency cannot do just a name search as we need a date of birth to accompany this name. Currently if a requester pays only the $36 fee they only receive a yes or no response. If they want a complete criminal history background check they have to pay the additional $50 fee, making their request totaling a fee of $86. The statue as it currently reads is misleading, eliminating this $36 fee and making the fee a flat $50 for a criminal history record check regardless of who the requester is would eliminate the confusion on the part of the requester. CGS 29-11(c) indicates a $15 fee for fingerprinting. However, the statute is silent regarding whether this fee applies on a per person basis or per set of fingerprints basis. This section would provide for an additional $5 fee for any additional copy of the individuals fingerprints requested at the time of the initial fingerprinting. This will alleviate an individual from requesting multiple sets of fingerprints without being charged and the language indicating that the $5 fee will apply to any additional copies requested at the time of initial fingerprinting will prevent an individual from returning at a later date requesting a copy of their fingerprints for the lesser $5 fee Origin of Proposal X_ New Proposal Resubmission If this is a resubmission, please share: (1) What was the reason this proposal did not pass, or if applicable, was not included in the Administration s package? (2) Have there been negotiations/discussions during or after the previous legislative session to improve this proposal? (3) Who were the major stakeholders/advocates/legislators involved in the previous work on this legislation? (4) What was the last action taken during the past legislative session? PROPOSAL IMPACT Agencies Affected (please list for each affected agency) Agency Name:DMV Agency Contact (name, title, phone):mike Bzdyra Date Contacted: 9/29/12 Approve of Proposal YES NO _X Talks Ongoing Agency Name: DCF

17 Agency Contact (name, title, phone):josh Howroyd Date Contacted: 9/29/12 Approve of Proposal YES NO X_Talks Ongoing Agency Name: DPH Agency Contact (name, title, phone): Liz Keyes Date Contacted: 9/29/12 Approve of Proposal YES NO X_Talks Ongoing Summary of Affected Agency s Comments Will there need to be further negotiation? YES NO Fiscal Impact (please include the proposal section that causes the fiscal impact and the anticipated impact) Municipal (please include any municipal mandate that can be found within legislation) none State Revenue gain Federal none Additional notes on fiscal impact Policy and Programmatic Impacts (Please specify the proposal section associated with the impact)

18 Sec State Police Bureau of Identification. Fees. Regulations. (a) The bureau in the Division of State Police within the Department of Public Safety known as the State Police Bureau of Identification shall be maintained for the purposes (1) of providing an authentic record of each person sixteen years of age or over who is charged with the commission of any crime involving moral turpitude, (2) of providing definite information relative to the identity of each person so arrested, (3) of providing a record of the final judgment of the court resulting from such arrest, unless such record has been erased pursuant to section a, and (4) for maintaining a central repository of complete criminal history record disposition information. The Commissioner of Public Safety is directed to maintain the State Police Bureau of Identification, which bureau shall receive, classify and file in an orderly manner all fingerprints, pictures and descriptions, including previous criminal records as far as known of all persons so arrested, and shall classify and file in a like manner all identification material and records received from the government of the United States and from the various state governments and subdivisions thereof, and shall cooperate with such governmental units in the exchange of information relative to criminals. The State Police Bureau of Identification shall accept fingerprints of applicants for admission to the bar of the state and, to the extent permitted by federal law, shall exchange state, multistate and federal criminal history records with the State Bar Examining Committee for purposes of investigation of the qualifications of any applicant for admission as an attorney under section The record of all arrests reported to the bureau after March 16, 1976, shall contain information of any disposition within ninety days after the disposition has occurred. (b) Any cost incurred by the State Police Bureau of Identification in conducting any name search and fingerprinting of applicants for admission to the bar of the state shall be paid from fees collected by the State Bar Examining Committee. (c) The Commissioner of Emergency Services and Public Protection shall charge the following fees for the service indicated: (1) [Name search, thirty-six dollars; (2)} fingerprint search, fifty dollars; [(3)](2) personal record search, fifty dollars; [(4)] (3) letters of good conduct search, fifty dollars; [(5)] (4) bar association search, fifty dollars; [(6)] (5) fingerprinting, fifteen dollars [(7)](6) additional copy of fingerprints requested at the time of the initial fingerprinting, five dollars.; (7) criminal history record information search, fifty dollars. Except as provided in subsection (b) of this section, the provisions of this subsection shall not apply to any federal, state or municipal agency if the requested search is for purposes of employment within the requesting agency. Provisions of this subsection shall be applicable to all individuals seeking to be licensed or otherwise approved for any occupation for which a background check subject to the provisions of CGS 29-17a is required by statute. (d) The Commissioner of Public Safety may adopt regulations, in accordance with the provisions of chapter 54, necessary to implement the provisions of the National Child Protection

19 Connecticut Department of Public Safety ( DPS ) Division of State Police Special Licensing and Firearms Unit PISTOL PERMIT APPLICATION Before completing this application, it is suggested that you review the Connecticut General Statutes pertaining to firearms. These can be accessed on the Internet at For those without Internet access, please contact your local library. For DPS, Division of State Police, pistol permit locations, access and follow the link to the Special Licensing and Firearms Unit or call (860) I. Type of Permit Requested: Check Box: Temporary State Pistol Permit Non-Resident State Pistol Permit Eligibility Certificate to Purchase Pistols or Revolvers II. Instructions: Instructions for Temporary State Pistol Permits: Instructions for Non-Resident State Pistol Permits: Instructions for Eligibility Certificates to Purchase Pistols or Revolvers: 1. Complete this form (DPS-799-C) and submit to appropriate local authority (local police, resident state trooper or first selectperson, as applicable) along with the below: Completed State and Federal fingerprint card with $19.25 payable to DPS Firearms Safety & Use Course Certificate $35.00 payable to the local authority 2. Upon approval, the local authority will issue a Temporary State Permit to Carry Pistols and Revolvers (DPS-11-C), effective for 60 days 3. Within the 60 day period, go to a DPS, Division of State Police, pistol permit location and submit the following: The Temporary State Permit to Carry Pistols and Revolvers (DPS-11-C) issued by the local authority; A completed Application for State Permit to Carry Pistols and Revolvers (DPS-46-C); $35.00 payable to DPS Proof of citizenship or legal residency (certified copy of birth certificate, U.S. passport or voter s registration card, Permanent Resident ID issued by I.C.E.) Your photograph will be taken at DPS You must hold a valid permit or license to carry a pistol or revolver issued by a recognized United States jurisdiction. Complete this form and submit to DPS, Division of State Police, pistol permit location along with the below: Completed State and Federal fingerprint card with $19.25 payable to DPS Firearms Safety & Use Course Certificate $35.00 payable to DPS Completed Application for State Permit to Carry Pistols and Revolvers form (DPS-46- C). 2x2 color photograph passport style) A copy of the permit or license to carry a pistol or revolver issued to you by a recognized United States jurisdiction Provide Out of State Pistol Permit Information: State of Issue: Expiration Date: Permit Number: Complete this form and submit to DPS, Division of State Police, pistol permit location along with the below: Completed State and Federal fingerprint card Firearms Safety & Use Course Certificate $35.00 payable to DPS Application for a State Eligibility Certificate for a Pistol or Revolver (DPS- 164-C)

20 III. COMPLETE BELOW: (All Applicants) A. Contact Information/Identifying Information: Name of Applicant Last,. Suffix. Middle Initial First Provide all other names by which you have been known (Maiden name, Aliases, Nicknames, etc.) (Attach additional sheet(s), if necessary) Date of Birth / / Month/Day/Year Place of Birth City/Town Country of Citizenship Sex F M Height Ft. In. Weight, Lbs. Race: Social Security Number - - State Alien Reg. Number (If applicable) Residential Address (List street address. Post office box numbers are not acceptable) Number/Street,. - City/Town State Zip Code List Residential Addresses for the Last 7 Years (Attach additional sheet(s), if necessary) *Any subsequent changes of address must be reported within 48 hours Mailing Address (If different from current residential address above) Number/Street,. - City/Town State Zip Code Home Telephone Number Motor Vehicle Operators License Number ( ) - Area Code State of Issue B. Employment History: List Employers for the Last 7 Years (Provide employer s name, address and telephone number) (Attach additional sheet(s), if necessary) C. Permit History: Have you had a firearms permit or permit application from ANY jurisdiction in the United States denied, suspended or revoked? NO YES If "YES, provide: Identify the jurisdiction which issued the denial, suspension or revocation: Date of denial, suspension or revocation: The reason for the denial, suspension or revocation:

21 D. Medical History: Have you been confined in a hospital for mental illness in the past twelve (12) months by order of a Probate Court? NO YES If "YES," explain: (Attach additional sheet(s), if necessary) Have you been discharged from custody within the past twenty years after having been found Not Guilty of a crime by Reason of a Mental Disease or Defect? NO YES If "YES," explain: (Attach additional sheet(s), if necessary) Notice: DPS herein notifies the applicant that, pursuant to Connecticut General Statutes Sections through 29-38b, DPS will be notified by the Department of Mental Health and Addiction Services if the applicant has been confined to a hospital for psychiatric disabilities within the preceding twelve (12) months by order of probate court. E. Criminal History: Have you ever been ARRESTED for any crime, in any jurisdiction? NO YES If "YES," list all arrests, indicating charges, locations, dates of arrest and dispositions. (Attach additional sheet(s), if necessary) Notice: You are not required to disclose the existence of any arrest, criminal charge or conviction, the records of which have been erased pursuant to C.G.S. 46b-146, 54-76o, or a. If your criminal records have been erased pursuant to one of these statutes, you may swear under oath that you have never been arrested. Criminal records that may be erased are records pertaining to a finding of delinquency or that a child was a member of a family with service needs (C.G.S. 46b-146), an adjudication as a youthful offender (C.G.S o), a criminal charge that has been dismissed or nolled, a criminal charge for which the person has been found not guilty, or a conviction for which the person received an absolute pardon (C.G.S a). With regard to criminal history information arising from jurisdictions other than the State of Connecticut: You are not required to disclose the existence of any arrest, criminal charge or conviction, the records of which have been erased pursuant to the law of the other jurisdiction. Additionally, you are not required to disclose the existence of an arrest arising from another jurisdiction if you are permitted under the law of that jurisdiction to swear under oath that you have never been arrested. Have you ever been CONVICTED under the laws of this state, federal law or the laws of another jurisdiction? NO YES If "YES, list all convictions, include charges, location, date of arrest, and disposition. (Attach additional sheet(s), if necessary) Are you currently on probation, parole, work release, in an alcohol and/or drug treatment program or other pretrial diversionary program or currently released on personal recognizance, a written promise to appear or a bail bond for a pending court case? NO YES. If "YES," explain. (Attach additional sheet(s), if necessary) Have you ever been the subject of a Protective Order or Restraining Order issued by a court in a case involving the use, attempted use or threatened use of physical force against another person, regardless of the outcome or result of any related criminal case? NO YES If YES, which court issued the order? F. Military History: Were you ever a member of the Armed Forces of the United States? NO YES Were you ever discharged from the Armed Forces of the United States with a less than Honorable Discharge? NO YES. *If you have ever been a member of the Armed Forces of the United States and have been discharged, attach a copy of your DD-214.

22 G. Proof of Training: *Attach a copy of the letter or certificate attesting that you have completed a course in the safety and use of pistols and revolvers, signed by the pistol or revolver instructor. Instructor: (Check Applicable Box) National Rifle Association Department of Environmental Protection Other: State Instructor's Name and ID #: H. Declaration: I understand that false statements are punishable in Connecticut pursuant to state statute (C.G.S. Sec. 53a- 157b). I further understand that any statements in this application that are determined to be false or inaccurate shall constitute grounds for the permit or certificate not to be issued, or if issued before the facts are known, shall be cause for revocation. My signature below attests to the accuracy, completeness, and to the truth of all information supplied on this application. I declare, under the penalties of False Statement, that the answers to the above are true and correct. Date: Signed STATE OF CONNECTICUT ) ) ss, COUNTY OF ) Subscribed and sworn to before me this day of 20. Name: Notary Public My Commission Expires: Commissioner of Superior Court NOTICE: Appeal Process for Permits In the event that your application to carry pistols or revolvers is denied or your permit is revoked, you may notify the Board of Firearm Permit Examiners, in writing, within ninety (90) days, in order to begin your appeal process. At a hearing before the Board, you may request that your application be reconsidered or that your permit be reinstated. Additionally, in the event that your permit application has not been processed by the local issuing authority within eight (8) weeks, you should notify the Board of Firearm Permit Examiners. Contact Information for the Board of Firearm Permit Examiners: 505 Hudson Street, 5 th Floor, Hartford, CT Telephone (860) or (800) For Official Use Only: Application Received: / / Month/Day/Year FBI Sent: No Yes FBI Reply: No Yes ICE Response: No Yes DMHAS: No Yes SPBI: No Yes # Application Status: Approved Denied (Signature and title of issuing authority) DPS-799-C (Revised 02/09)

23 Connecticut Department of Public Safety ( DPS ) Division of State Police Special Licensing and Firearms Unit PISTOL PERMIT APPLICATION Before completing this application, it is suggested that you review the Connecticut General Statutes pertaining to firearms. These can be accessed on the Internet at For those without Internet access, please contact your local library. For DPS, Division of State Police, pistol permit locations, access and follow the link to the Special Licensing and Firearms Unit or call (860) I. Type of Permit Requested: Check Box: Temporary State Pistol Permit Non-Resident State Pistol Permit Eligibility Certificate to Purchase Pistols or Revolvers II. Instructions: Instructions for Temporary State Pistol Permits: Instructions for Non-Resident State Pistol Permits: (Contact DPS for packet) Instructions for Eligibility Certificates to Purchase Pistols or Revolvers: 1. Complete this form (DPS-799-C) and submit to appropriate local authority (local police, resident state trooper or first selectperson, as applicable) along with the below: Completed State and Federal fingerprint cards with $50.00 fee and $19.25 fee payable to DPS for criminal history background checks; Firearms Safety & Use Course Certificate; $70.00 payable to the local authority; Proof you are legally and lawfully in the United States (e.g., certified copy of birth certificate, U.S. passport or documentation issued by I.C.E.). 2. Upon approval, the local authority will issue a Temporary State Permit to Carry Pistols and Revolvers (DPS-11-C), effective for 60 days. 3. Within the 60 day period, go to a DPS, Division of State Police, pistol permit location and submit the following: The Temporary State Permit to Carry Pistols and Revolvers (DPS-11-C) issued by the local authority; A completed Application for State Permit to Carry Pistols and Revolvers (DPS-46-C); $70.00 payable to DPS; Proof you are legally and lawfully in the United States (e.g., certified copy of birth certificate, U.S. passport or documentation issued by I.C.E.). Your photograph will be taken at DPS. You must hold a valid permit or license to carry a pistol or revolver issued by a recognized United States jurisdiction. Complete this form and submit to DPS, Division of State Police, pistol permit location along with the below: Completed State of CT and Federal fingerprint card with $50.00 fee and $19.25 fee payable to DPS for criminal history background checks; Firearms Safety & Use Course Certificate; $70.00 payable to DPS; Completed Application for State Permit to Carry Pistols and Revolvers form (DPS-46-C); Complete DPS-129-C and attach 2x2 color photograph passport style), and the Authorization for Release of Personal Information sign and have both notarized; A copy of the permit or license to carry a pistol or revolver issued to you by a recognized United States jurisdiction; Proof you are legally and lawfully in the United States (e.g., certified copy of birth certificate, U.S. passport or documentation issued by I.C.E.). Provide Out of State Pistol Permit Information: State of Issue: Expiration Date: Permit Number: Complete this form and submit to DPS, Division of State Police, pistol permit location along with the below: Completed State and Federal fingerprint card with $50.00 fee and $19.25 fee payable to DPS for criminal history background checks; Firearms Safety & Use Course Certificate; $35.00 payable to DPS; Application for a State Eligibility Certificate for a Pistol or Revolver (DPS-164-C); Proof you are legally and lawfully in the United States (e.g., certified copy of birth certificate, U.S. passport or documentation issued by I.C.E.).

24 III. COMPLETE BELOW: (All Applicants) A. Contact Information/Identifying Information: Name of Applicant Last,. Suffix. Middle Initial First Provide all other names by which you have been known (Maiden name, Aliases, Nicknames, etc.) (Attach additional sheet(s), if necessary) Date of Birth / / Month/Day/Year Place of Birth City/Town Country of Citizenship Sex F M Height Ft. In. Weight, Lbs. Race: Use NCIC personal code descriptors for guidance Social Security Number - - State Alien Reg. Number (If applicable) Residential Address (List street address. Post office box numbers are not acceptable) Number/Street,. - City/Town State Zip Code List Residential Addresses for the Last 7 Years (Attach additional sheet(s), if necessary) *Any subsequent changes of address must be reported within 48 hours Mailing Address (If different from current residential address above) Number/Street,. - City/Town State Zip Code Home Telephone Number Motor Vehicle Operators License Number ( ) - Area Code State of Issue B. Employment History: List Employers for the Last 7 Years (Provide employer s name, address and telephone number) (Attach additional sheet(s), if necessary) C. Permit History: Have you had a firearms permit or permit application from ANY jurisdiction in the United States denied, suspended or revoked? NO YES If "YES, provide: Identify the jurisdiction which issued the denial, suspension or revocation: Date of denial, suspension or revocation: The reason for the denial, suspension or revocation:

25 D. Medical History: Have you been confined in a hospital for mental illness in the past twelve (12) months by order of a Probate Court? NO YES If "YES," explain: (Attach additional sheet(s), if necessary) Have you been discharged from custody within the past twenty years after having been found Not Guilty of a crime by Reason of a Mental Disease or Defect? NO YES If "YES," explain: (Attach additional sheet(s), if necessary) Notice: DPS herein notifies the applicant that, pursuant to Connecticut General Statutes Sections through 29-38b, DPS will be notified by the Department of Mental Health and Addiction Services if the applicant has been confined to a hospital for psychiatric disabilities within the preceding twelve (12) months by order of probate court. E. Criminal History: Have you ever been ARRESTED for any crime, in any jurisdiction? NO YES If "YES," list all arrests, indicating charges, locations, dates of arrest and dispositions. (Attach additional sheet(s), if necessary) Notice: You are not required to disclose the existence of any arrest, criminal charge or conviction, the records of which have been erased pursuant to C.G.S. 46b-146, 54-76o, or a. If your criminal records have been erased pursuant to one of these statutes, you may swear under oath that you have never been arrested. Criminal records that may be erased are records pertaining to a finding of delinquency or that a child was a member of a family with service needs (C.G.S. 46b-146), an adjudication as a youthful offender (C.G.S o), a criminal charge that has been dismissed or nolled, a criminal charge for which the person has been found not guilty, or a conviction for which the person received an absolute pardon (C.G.S a). With regard to criminal history information arising from jurisdictions other than the State of Connecticut: You are not required to disclose the existence of any arrest, criminal charge or conviction, the records of which have been erased pursuant to the law of the other jurisdiction. Additionally, you are not required to disclose the existence of an arrest arising from another jurisdiction if you are permitted under the law of that jurisdiction to swear under oath that you have never been arrested. Have you ever been CONVICTED under the laws of this state, federal law or the laws of another jurisdiction? NO YES If "YES, list all convictions, include charges, location, date of arrest, and disposition. (Attach additional sheet(s), if necessary) Are you currently on probation, parole, work release, in an alcohol and/or drug treatment program or other pretrial diversionary program or currently released on personal recognizance, a written promise to appear or a bail bond for a pending court case? NO YES. If "YES," explain. (Attach additional sheet(s), if necessary) Have you ever been the subject of a Protective Order or Restraining Order issued by a court in a case involving the use, attempted use or threatened use of physical force against another person, regardless of the outcome or result of any related criminal case? NO YES If YES, which court issued the order? F. Military History: Were you ever a member of the Armed Forces of the United States? NO YES Were you ever discharged from the Armed Forces of the United States with a less than Honorable Discharge? NO YES. *If you have ever been a member of the Armed Forces of the United States and have been discharged, attach a copy of your DD-214.

26 G. Proof of Training: *Attach a copy of the letter or certificate attesting that you have completed a course in the safety and use of pistols and revolvers, signed by the pistol or revolver instructor. Instructor: (Check Applicable Box) National Rifle Association Department of Environmental Protection Other: State Instructor's Name and ID #: H. Declaration: I understand that any false statements made herein, which I do not believe to be true and which is intended to mislead a public servant in the performance of their official function, is punishable in Connecticut pursuant to state statute (C.G.S. Sec. 53a-157b). I further understand that any statements in this application that are determined to be false or inaccurate shall constitute grounds for the permit or certificate not to be issued, or if issued before the facts are known, shall be cause for revocation. My signature below attests to the accuracy, completeness, and to the truth of all information supplied on this application. I declare, under the penalties of False Statement, that the answers to the above are true and correct. Date: Signed STATE OF COUNTY OF Print Name Subscribed and sworn to before me this day of 20 Name: Notary Public My Commission Expires: Commissioner of Superior Court NOTICE: Appeal Process for Permits In the event that your application to carry pistols or revolvers is denied or your permit is revoked, you may notify the Board of Firearm Permit Examiners, in writing, within ninety (90) days, in order to begin your appeal process. At a hearing before the Board, you may request that your application be reconsidered or that your permit be reinstated. Additionally, in the event that your permit application has not been processed by the local issuing authority within eight (8) weeks, you should notify the Board of Firearm Permit Examiners. Contact Information for the Board of Firearm Permit Examiners: 505 Hudson Street, 5 th Floor, Hartford, CT Telephone (860) or (800) For Official Use Only: Application Received: / / Month/Day/Year FBI Sent: No Yes FBI Reply: No Yes ICE Response: No Yes DMHAS: No Yes SPBI: No Yes # Application Status: Approved Denied (Signature and title of issuing authority) DPS-799-C (Revised 10/09)

27 STATE OF CONNECTICUT DEP A...l{.1MENT OF PUBLIC SAFETY 1111 Country Club Road Middletown, CT 06457~2389 IN RE: PETITION FOR DECLARATORY RUliNGS BY AN ADMINISTRATIVE AGENCY DIRECTED TO: Commissioner of Public Safety, John A. Da~aher III, and Board of Firearms Permit Examiners, Joseph Corradino PETiTiONER: DATE: Scott Wilson, Sr., 8 Summer St-reet, New London, CT April 30, 2010 RESPONSE OF THE DEPARTMENT'OF PUBLIC SAFETY Pursuant to the provisions of Conn. Gen. Stat (e}, the Department of Public Safety (hereinafter "Department") hereby responds to the Petitioners Request for a Dec!aratory Ruling on the following question posed by the Petitioner in his Petition: "Maya permit be denied or not accepted by an issuing authority if an application for a Temporary State Permit to Carry Pistols and [sic] Revoivers or Eligibility Certifjcate l [sic] fails to contain the currently stated $50.00 to cover the issuing authorities [sic] submission Of a State Criminal History background check on an applicant?" Summary Becaus~ the issuance of temporary state permits to carry pistols or revolvers is not the responsibihty of the Department but rather that of local issuing authorities, see Conn. Gen. Stat and 29-28a, the Department declines to address the obiigations of loca! issulng authorities, With regard to applications for eligibility certificates pursuant to Conn. Gen. Stat g, t!1e plain language of the relevant statutes mandates that the requ!red state crimina! history records checks are to be conducted on behalf of the applicant by the State Police Bureau of Identificatior. '(hereinafter "SPBI"). Therefore; it is determined that an application submltte!i without the statutory $50,00 fee fer the state criminal history record check would be incomplete and could not be processed untii sojch time as the Department received the required fee. Page lof4 An Equal Opportunity Employer

28 Discussion The foilowing review of pertinent statutes follows traditional principles of statutory construction. First, it is criticai to make every effort to construe a statute as a consistent whole, creating a harmonious body of law. Powers v. U!ichny, 185 Conn. 145, 149 (1981); Rustici v. Stonington, 174 Conn. 10, 13, 381 A.2d 532 (1977). "!t is a basic tenet of statutory construc~ion that the intent of the legislature is to be found not in an isola~ed phrase or sentence but, rather, from the statutory scheme as a whole." State v. Breton. 235 Conn. 206, 226, 663 A.2d 1026 (1995). Therefore, a "statute should be read as a whole and interpreted so as to give effect to ali of its provisions." Pintavalle v. Va!kar.os. 215 Conn. 412, 418,581 A.2d 1050 (1990) (emphasis added). "A statute is passed as a whole and not in parts or sections and is animated by one genera! purpose and intent." Badolato v. City of New Britain, 250 Conn. 753, 760 (1999)(citation omitted). Further, "words in a statute must be given their plain and ordinary meaning... unless the context indicates that a different meaning was intended." (Internal quotation marks omitted.) Geiinas v. West Hartford, ns Conn. 575, 584, 626 A.2d 259 (1993); Wiseman v. Armstrong, 269 Conn. 802, 81C (2004). Conn. Gen. Stat g(a}~ sets forth the requirements for applications for eligibiiity certificates, enumerating with specificity the obligations of both the applicant and the commissioner of Public Safety. Among the requirements ofthis subsection, "[tjhe commissioner shall require each applicant to submit to state and national criminal history records checks/' and "shall conduct crimin3l history records checks in accordance with section 29-17a." Thus, 29-36g(a) cleariy and unambiguously provides that the criminal history record checks to which an applicant must submit are governed by Conn. Gen. Stat a. Conn. Gen. Stat a sets forth the procedures for the conducting of criminal history records checks that are required. by statute. Subsection (a) 2 directs that the fingerprints of the individual identified in the request are to be fonyarded to SPBI {which is a unit within the Department], and that SPBI conduct the state criminal history records check. Subsection (b)3 explicitly authorizes the 1 Conn. Gen. Stat g(aj: Requests for eligibility certificates under section 29-36f shall be submitted to the Commissioner of Public Safety on application forms prescribed by the commissioner. No eligibility certificate fo~ a pistol or revolver shall be issued under the provisions of said section unless the applicant for such certlficate gives to the Commissioner of Public Safety, upon the commissioner's request, full :nformation ccncerning the applicant's criminal record... The commissioner shall require each applicant to submit to state and nationai crimina! history records checks... The commissioner shall record the date the fingerprints were taken in the applicant's file and shall conduct criminal history records checks in accordance with section Conn. Gen. Stat a(a): If a crimina! history records check is required pursuant to any provision of the genera! statutes, such check shall be requested from the State Ponce Bureau of Identification and shah be applicable to the individual identified in the request. The requesting party shah arrange for the fingerprinting of the individual or for conducting any other method of positive identification requ:red by the State Police Bureau of Identification... The fingerprints 0, other positive identifying information shall be forwardec to the State Police Bureau of Identfication which shall conduct a state criminal history records check... 3 Conn. Gen. Stat a(b): The Commissioner of Public Safety may charge fees for conducting crimina! history background checks as follows: (1) Except as provided in subdivision (2) of this subsection, for a person iequesting (A) a state crimina! history records check, the fee charged by the Department of PubHc Safety for performing such check, anc (8) a national Page 2 of4

29 commissioner to collect lithe fee charged by the Department of Public Safety for performing such check./i That fee is set at $50.00 by Conn. Gen. Stat (c)(7). Nowhere in this statutory scheme is there any indication that the legislature intended for applicants for eligibiiity certificates to be treated differently than any other individual required to obtain a criminal history records check. To the contrary, Conn. Gen. Stat g specificai!y instructs that the crimina: history records checks for such applicants must be conducted in accordance with the verr statute that authorizes the commissioner to charge fees for statutorily required criminal history records checks. Any suggestion that apphcants are not subject to the statutory fee because Conn. Gen. Stat g indicates that the applicant must submit "to" a crimina! history records check, while the request itself is submitted "by" the issuing authority, would result in the absurd conclusion that the statute requires the Department to submit requests to itself and presumably charge itself the statutory fee. Such a linguistic contortion ignores the plain language of the statutes. Like any other individual who obtains a copy of a state criminal history record, applicants for eligibility certificates are subject to the $50.00 fee provided in Conn. Gen. Stat. 29-1l(c)(7}, and failure to pay the fee would constitute a failure to submit to a criminal history records check as required by Conn. Gen. Stat g(a}. In such a case, the application would be deemed incomplete and could not be processed. Dated this 30 th day of April, criminal history records check, the fee charged by the Federa! Bureau of Investigation for performing such check. {2} For a state agency requesting a national criminal history records check of a person, the fee charged by the Federal Bureau of Investigation for performing such check. The state agency shall reimburse the Department of Publk Safety for such cost. Unless otherwise provided by the provision of the general statutes reql.liring the criminal history records check, the state agency may charge the person a fee equal to the amount paid by the state agency under this subdivision. Page 30f4

30 CERTIFICATION! hereby certify that in accordance with C.G.S {fl, a copy of the foregoing was mailed this 30 th day of April, 2010 via certified mail, return receipt requested to: Scott Wilson, Sr. 8 Summer Street New London, CT Joseph Corradino, Chairman Board of Firearms Permit Examiners 505 Hudson Street, 5 th Floor Hartford, CT John A.!Danaher Hi, Commissioner \.!.,... "... ~ Page4of4

31 Law Office of Rachel M. Baird Stonegate Professional Building 379 Prospect Street Torrington CT Tel: /Fax: Toll free: April 4, 2012 Rachel M. Baird, Attorney Web: RachelBairdLaw.com Reuben F. Bradford, Commissioner Department of Emergency Services and Public Protection 1111 Country Club Rd Middletown CT Re: Notice of Protest Dear Comm. Bradford: I represent James A. Utecht ( Mr. Utecht ), an applicant for a Temporary State Permit issued pursuant to section of the Connecticut General Statutes. This letter provides notice that requiring applicants for a Temporary State Permit to submit with the application a $50.00 fee payable to the State of Connecticut and/or the Department of Emergency Services and Public Protection for a criminal history records check is unlawful for the reasons stated in the attached draft Notice of Demand to Cease and Desist ( Notice ). It is anticipated that the enclosed Notice will be issued to all local issuing authorities in the state, including ninety-two (92) police departments and eighty (80) first selectmen or their equivalents, within the next week. As you are aware, on March 6, 2012, we requested through the Freedom of Information Act (FOIA) records pertaining to the $50.00 fee and were informed on April 2, 2012, that the state police Bureau of Identification destroyed the majority of the records on March 28, This destruction followed a representation to us by your department on March 13, 2012, that we the department required approximately 2 weeks to complete the programming to extract the information requested. We submitted FOIA requests to your department and the Public Records Administrator on April 2, 2012, to determine the circumstances and timing of this destruction. As soon as this information is received, the Notice will be updated and distributed to the local issuing authorities in its final form. In conclusion, Mr. Utecht submits the $50.00 fee with his application on April 4, 2012, under protest, without forfeiting his right to bring any and all claims allowed by law, knowing that he will be denied his right to bear arms for self-defense if he refuses to submit the fee. Sincerely, Rachel M. Baird, Attorney